MPAA attacks Ars for “challenging efforts to curb content theft”

Standing up to bad ideas is, according to the MPAA, a bad idea. Shame on us.

The Motion Picture Association of America doesn't like us. According to the MPAA blog on Tuesday, "Arts Technica" is a "tech blog with a long history of challenging efforts to curb content theft." (If so, we're the only such tech blog that actually encouraged a now-current MPAA lawyer to do copyright coverage for our site and that recommended the pro-rightsholder book Free Ride in this year's holiday guide.)

One can see why MPAA staffers might think this way. "Ars Technica opposes our attempt to gain 'broadcast flag' control over people's digital devices," they might say. "And it doesn't appreciate our plan to censor the Internet. And for some reason they'd like to rip copies of their DVDs to watch on the airplane, even though we managed to write anti-DRM cracking provisions into law. Man, these guys really love piracy!"

Put this way, the problem becomes clear: it's a simple conflation of our opposition to absolutely freaking insane (you'll forgive the slight hyperbole) approaches to copyright enforcement with opposition to enforcement of any kind.

It's a lot like saying, thirty years ago, that anyone who supported the VCR and its nefarious, time-shifting ways was to copyright holders what the Boston Strangler was to women home alone. (Not that any MPAA official would say anything so ridiculous.)

Not quite notorious enough for the MPAA to get our name right

Let's run down just a short list of the highest-profile copyright-related ideas we've opposed in the last few years. In parentheses are the, err, crazy freetards who came to the same conclusions we did on enforcement overreach.

That's a long list of federal judges, officials, and companies who came around on copyright. Perhaps they likewise can't stand anyone who tries to stop content theft?

As for the argument about economics that the post goes on to make, we'll just note that MPAA's own track record on the issue of piracy and money is so bad that, as Robert Levine notes in Free Ride, "The exaggerations of most Hollywood-funded studies have become a running joke." Even the MPAA had to admit that a 2008 study it was using to push a law was off by a factor of 3 in the key metric.

Regarding Julian Sanchez, the former Ars editor who is the main subject of the MPAA blog post, he committed a serious act of journalism for us back in 2008 when he showed conclusively just how bogus some of the central antipiracy figures were. His new post on the subject for Cato is also well worth a read.

Intervention

The thing is, we're really on the MPAA's side; they just don't realize it. We're both content creators who support copyright and want to see creators get paid for their efforts. But copyright maximalism is the wrong way forward. Like an addict who can't help himself, though, major copyright holders are so used to stanching their piratical worries with just one more hit on that sweet, sweet bottle of 120-proof distilled Essence of Enforcement that they can't stop the impulse any longer; it has become reflex. Those who ask them to have a calming cup of tea instead go on the "enemies list."

"Good copyright policy" doesn't necessarily mean "stronger copyright policy." Thinking that it does has caused a long litany of problems over the last century as copyright holders have sought to throttle the photocopier, the VCR, digital audio tape, MP3 players, and the DVR. Indeed, the industry's record on this score is downright shocking. But most of the people who backed those devices—like Mr. Rogers did with the VCR—weren't out to screw creative professionals. Neither are we. But sometimes, you need to stage an intervention, and you need to do so for the good of the addict... and the health of the community around him.

Can you let the MPAA know that only last night I felt like doing a bit of content theft. It was around the time I put a DVD on for the kids, and the disc wouldn't let me skip the 4 year old trailers, nor the FBI warning, and it took a whole 12 mins before we got to the menu to actually be able to play the movie.

Kind of sucks for your kids to go through. Kind of sucks for me having to put up with them whining about "why can't we watch the movie". "Well kids, we wouldn't have to watch all that crap, or put up with having to wait 12 minutes if we stole the movie, because people who steal the movie actually get a better experience"... "that don't make sense Dad", "Shhh, don't let them hear me say that to you, they'll be after me next for telling you this".

What 60 year old executive thought it was a bright idea to make the trailers unskippable on a DVD aimed at under 10's. Dickheads.

And I really do hope someone from the MPAA is reading this, because I tell you this now, I WON'T be buying any more DVD's, because I WON'T be putting up with that shit any longer. To the torrents I say. So give me an equal experience to the pirates. They don't see no shitty unskippable FBI warning. Why should I...

The MPAA needs to take a quick look at content creators that are going to leave them behind, like, for example, Louis C.K. did with him most recent comedy special. It's not going to be long before people realize that these Content Hedge Funds (Record Labels and Movie Studios) are screwing the content creators and the customers, because they cannot imagine a new business model, but are instead burning themselves out on fatally flawed legislation...

Their behavior makes me wonder if they recognize that they're their own worst enemy. Similar to handling a rebellious teenager, cracking down is not always the most effective method. Give us a better (read: not completely restrictive) way forward and most of us will use it (there will always be those who won't, but that's not limited to digital content, either). It's no coincidence that the day I stopped pirating music is the same day the iTunes Music Store debuted.

The MPAA can enforce their content prohibition all they want - but there's always going to be a vast group of underground digital bootleggers circumventing their efforts. Had the music industry not made music an exported commodity of mediocre, beige, autotuned bullshit, that people would still buy music.

“Some critics of PIPA/SOPA argue that the legislation will restrict lawful free speech and is a form of censorship. Ideological critics have called the PIPA/SOPA the ‘first American Internet censorship system.’ The Internet Society argues that DNS filtering ‘has the potential to restrict free and open communications and could be used in ways that limit the rights of individuals or minority groups.’ Of course it could. ISPs or the U.S. government could use DNS filtering to block sites they do not like. But guns can be used by criminals to kill people too and that does not mean that we do not let the police or security guards have guns. It is not the tool of DNS blocking that is at issue, but the legal regime in which the tool is allowed to be used. Some of these opponents of PIPA/SOPA are more interested in protecting access to free illegal content than they are in protecting free speech. Yet aside from these bold claims, critics have done little to show how enforcing IP rights violates any American’s First Amendment rights.

comparing SOPA to guns. does that mean hey should get a background check before they have the ability to use it?

"In his post, Sanchez’s main argument is that theft has a negligible economic impact – only some inefficiency – because theft is beneficial: that is, the consumers who access stolen content can choose to use the money they “saved” to purchase other products. Extending this argument, shoplifting has no economic impact since shoplifters can spend the money they “saved” on other products, a perspective which runs counter to treatment of crime in other “costs of crime” studies"

Ummm... there's a slight economic difference between pirating and shoplifting: piracy costs the studio nothing, while shoplifting actually removes the physical product from the store. Yes, the person has more money to spend on other stuff, but the store has one less product. Piracy does not stop a store from selling a CD or Amazon from uploading one to you. Good grief.

what is happening here is that the MPAA, and the other media cartels, are trying to keep a business model alive when they should be adapting to the new situation. they do not realize thhat they can make money using the apple apps store model and still remain profitable.

take at netflix and blockbuster. they both saw the power of the net and are using a business model that works. people will gladly pay a small sum of money to view their favorite films if they can have it now. this is the way of the future. if Hollywood can't see that, they deserve to go down in flames. I like my "pay by the month" content. its cheap, easy and encrypted so only I can play it on my devices only. for a dollar a track, it is still loads cheaper than buying optical media at the store.

Can you let the MPAA know that only last night I felt like doing a bit of content theft. It was around the time I put a DVD on for the kids, and the disc wouldn't let me skip the 4 year old trailers, nor the FBI warning, and it took a whole 12 mins before we got to the menu to actually be able to play the movie.

Also faced this trying to show my mom-in-law "Up" on Thanksgiving. After a few minutes, we just turned the TV off and did something else until we were sure the unskippable previews were finished. 20 minutes later, she was watching the movie. If I'd been trying to entertain kids, they'd have long since given up to go do something else...

Also, back around Christmas. I was gifted a new shrinkwrapped copy of Thor, and was trying to make my normal "archival backup" rip, when I discovered the DVD had been intentionally broken in such a way that not only made ripping it impossible, but actually made playing the DVD on my computer impossible.

5 minutes of googling found me a high-quality rip I could just download instead -- and the download took less time than the actual rip would have, based on past experience.

But everyone here knows this. It's the MPAA that chooses to ignore the fact that they are severely inconveniencing their legitimate customers, and some of us are just really fed up with it. Trying to pull a legal end run on us makes us want to support them even less.

I don't know whether to laugh or cry. I'm physically incapable of doing both at the same time, so I guess it's a coin flip. Of all the tech sites I read, Ars is arguably the most thoughtful and clear about its coverage of piracy and its general editorial stance on copyright protection.

This is the year of media consumption devices without optical drives. So something will have to give with regards to the MPAA's position on DVD copy restrictions. Their distribution medium of choice is becoming obsolete, and if the MPAA members don't give consumers a more convenient way to purchase content that is compatible with flash keys, cloud synchronization services, and/or streaming services, consumers will turn to only slightly less convenient ways to acquire unlicensed content.

Can you let the MPAA know that only last night I felt like doing a bit of content theft. It was around the time I put a DVD on for the kids, and the disc wouldn't let me skip the 4 year old trailers, nor the FBI warning, and it took a whole 12 mins before we got to the menu to actually be able to play the movie.

Kind of sucks for your kids to go through. Kind of sucks for me having to put up with them whining about "why can't we watch the movie". "Well kids, we wouldn't have to watch all that crap, or put up with having to wait 12 minutes if we stole the movie, because people who steal the movie actually get a better experience"... "that don't make sense Dad", "Shhh, don't let them hear me say that to you, they'll be after me next for telling you this".

What 60 year old executive thought it was a bright idea to make the trailers unskippable on a DVD aimed at under 10's. Dickheads.

And I really do hope someone from the MPAA is reading this, because I tell you this now, I WON'T be buying any more DVD's, because I WON'T be putting up with that shit any longer. To the torrents I say. So give me an equal experience to the pirates. They don't see no shitty unskippable FBI warning. Why should I...

This. Ever so fucking THIS. Especially when you are trying to change disks while on a 8 hour trip. Even the VHS dinosaur would play the damn movie after 5 minutes.

take at netflix and blockbuster. they both saw the power of the net and are using a business model that works. people will gladly pay a small sum of money to view their favorite films if they can have it now. this is the way of the future. if Hollywood can't see that, they deserve to go down in flames.

Not to be pedantic, but... Blockbuster is owned by Viacom, which has been systematically engaged in trying to strangle Netflix by cutting off new release content. My local Blockbuster still has ads up in the window trumpeting movies as "Not available on Netflix" because they aren't subject to the ridiculous rental wait window (or at least they did the last time I was close enough to one to see the signs, I don't rent from them anymore).

The only reason Blockbuster even has any sort of all-you-can-eat rental model in the first place is because Netflix cleaned their clock so thoroughly, they were driven into Bankruptcy... again. So it was Netflix that was the force for change there, Blockbuster really had shit-all to do with it.

Edit to note that, as was pointed out later in the thread, Viacom hasn't actually owned Blockbuster since 2004. My mistake.

Can you let the MPAA know that only last night I felt like doing a bit of content theft. It was around the time I put a DVD on for the kids, and the disc wouldn't let me skip the 4 year old trailers, nor the FBI warning, and it took a whole 12 mins before we got to the menu to actually be able to play the movie.

Kind of sucks for your kids to go through. Kind of sucks for me having to put up with them whining about "why can't we watch the movie". "Well kids, we wouldn't have to watch all that crap, or put up with having to wait 12 minutes if we stole the movie, because people who steal the movie actually get a better experience"... "that don't make sense Dad", "Shhh, don't let them hear me say that to you, they'll be after me next for telling you this".

What 60 year old executive thought it was a bright idea to make the trailers unskippable on a DVD aimed at under 10's. Dickheads.

And I really do hope someone from the MPAA is reading this, because I tell you this now, I WON'T be buying any more DVD's, because I WON'T be putting up with that shit any longer. To the torrents I say. So give me an equal experience to the pirates. They don't see no shitty unskippable FBI warning. Why should I...

Why there are advertisements on the movies at all is beyond me. Especially if you just paid $20 for the damn thing.

Ars employs members of the CATO Institute? Wow, talk about disillusionment.

The only thing to be disillusioned about is being so ignorant about CATO that you don't understand they are one of the preeminent organizations battling for your civil liberties and things like tech policy reform. I guess if you like to have your head in the sand out of some irrational fear of the Mother Jones/Lew Rockwell Kochtopus boogeyman you can continue to be so disillusioned, however.

I think the MPAA is retarded, but I think you guys may have missed an opportunity here. Instead of playing the role they wrote for you in their blog with an angry response, it might have been better to take the high road and either let it roll or with a little less passion in the answer. Let them be the angry ones. As you mention above with your efforts to retain neutrality (book recommend, etc.), its generally best not to draw a line in the sand, it can cast a partisan cloud on what you have to say.

Can you let the MPAA know that only last night I felt like doing a bit of content theft. It was around the time I put a DVD on for the kids, and the disc wouldn't let me skip the 4 year old trailers, nor the FBI warning, and it took a whole 12 mins before we got to the menu to actually be able to play the movie.

Kind of sucks for your kids to go through. Kind of sucks for me having to put up with them whining about "why can't we watch the movie". "Well kids, we wouldn't have to watch all that crap, or put up with having to wait 12 minutes if we stole the movie, because people who steal the movie actually get a better experience"... "that don't make sense Dad", "Shhh, don't let them hear me say that to you, they'll be after me next for telling you this".

What 60 year old executive thought it was a bright idea to make the trailers unskippable on a DVD aimed at under 10's. Dickheads.

And I really do hope someone from the MPAA is reading this, because I tell you this now, I WON'T be buying any more DVD's, because I WON'T be putting up with that shit any longer. To the torrents I say. So give me an equal experience to the pirates. They don't see no shitty unskippable FBI warning. Why should I...

This. Ever so fucking THIS. Especially when you are trying to change disks while on a 8 hour trip. Even the VHS dinosaur would play the damn movie after 5 minutes.

100% agree as well. When I told coworkers 10 years ago that I hated DVD's they just looked at me like I had just tipped over the holy grail. I don't care how much better the picture quality is, my VCR never locked me out of it's functionality. I can always FWD.

I've also noticed Netflix sending out "Rental" DVDs. They only have the movie, maybe a preview, but no commentary or extras. Which is fine by me, I don't think I have ever watched director commentary on any movie. So far I haven't run into one that had any better encryption than DeCSS, no bad sectors or wonky file table. It makes ripping them that much easier. Thanks?